#litigation communication

Strategize...Litigation Communication

In several previous blogs, we’ve highlighted examples of poor communication. From poorly worded media statements of companies in crisis making horrible word choices to poorly phrased email statements to downright awful corporate announcements which highlighted insensitive, inconsiderate and thoughtless communication by corporate leadership – poor communication is everywhere. However, occasionally, I run across an example of corporate communication done right. A couple weeks ago, I read about the acquisition of deal-a-day website Woot by the e-commerce giant Amazon. I knew nothing about the Woot brand, their corporate culture or the deals of the acquisition, but the letter to employees written by CEO Matt Rutledge was nothing short of brilliant. He utilizes Cicero’s model of successful communication utilizing three essential ingredients: charm – teach – move. For the full text, click here. Throughout the letter, Mr. Rutledge employs Cicero’s model, but let’s look at a few specific things he did right: 1. His style is consistent with the brand and the corporate culture. A quick look at What is Woot? page on the website shows the company is snarky, clever, self-deprecating and uses humor during their customer interactions. Mr. Rutledge’s letter to employees utilizes the same tone in the very first sentence – “I know I say this every time I find a picture of an adorable kitten, but please set aside 20 minutes to carefully read this entire email.” His tone and clever delivery continue throughout the letter until the very last line – “Also, there will be six muffins waiting in the company break room, courtesy of the nice folks at Amazon.com. Welcome to the family!” 2. He directly addresses with employees how this change will impact them. He writes, “We plan to continue to run Woot the way we have always run Woot – with a wall of ideas and a dartboard. From a practical point of view, it will be as if we are simply adding one person to the organizational hierarchy, except that one person will just happen to be a billion-dollar company.” 3. He embraces what he knows will be employees’ “top 5 burning questions” (which really turn out to be only four questions). Nonetheless, the format is clear, concise and demonstrates he knows his employees and what their concerns will be. He outlines that company data forums, staffing, leadership and culture will remain unchanged, therefore quieting restlessness among the ranks about how these changes will impact them and their jobs. 4. He is likeable – his funny, self-deprecating style puts people at ease. He knows this news is big for the company and its employees, but he utilizes language to make the changes relatable to his audience. “This is definitely an emotional day for me. The feelings I’m experiencing are similar to what I felt in college on graduation day: excitement about getting a check from my folks combined with nausea from a hellacious bender the night before.” While this style of writing would not work for every person, company or audience, the communication lesson is clear. As a communicator, your goal should be to provide your audience with content that grabs and keeps their attention. Integrating your personality, perfecting your tone and utilizing the corporate culture provide a positive experience for the audience and move them to action.

The directional markings to the courthouse were not exactly big and bold, but it was clear where all of the traffic was heading on a recent morning – straight into the Maywood Division of the Cook County State Court. Surrounded by a prison, a law firm that could have doubled as a key manufacturer by night, and some curvy quiet roads off of a gas station, I proceeded to the juror holding pen, also known as the room for prospective jurors. Watching people, reading the newspaper, and hearing prospective jurors sigh is what got me through the next 2.5 hours. I could actually see them sighing with frustration without hearing a sound – concerned looks on their faces, apprehension in the way their shoulders hunched down, and back-and-forth nervous fidgeting/pacing among others. We did see a brief video by Lester Holt on the importance of jury service but it didn't resonate with potential jurors who appeared to be mostly asleep. Mock jurors never had it so good. What is this guy’s (Lester Holt) local connection? I don’t recall seeing him with a moustache. Most people seem to know what they are getting into but there is a range of coping. Some are remaining pleasant (hey it is a 17 dollar check), others perturbed to be there, while most just sit and pass the time away reading or playing on their cell phones. After talking to a few (on the way out) I realize that some people have served before, or at least showed up for jury duty. They had more of a “grin and bear it” attitude compared to the newbies…newbies appeared half annoyed, half concerned, and half interested in finding out their fate. Okay change that to thirds. I think and hope deep down some were looking forward to being part of the process, although this sentiment was not palpable throughout the wait. Some were smiling and looked upbeat. Will the man in the next row stop snoring?....it is exasperating to the masses to say the least. Only one woman who asked the jury clerk 3 questions in 5 minutes and tried to get on her good side conjured up the notion of Stockholm Syndrome for me. This is, in psychology, a term used to describe how hostages express positive adoration toward their captors, even in the face of imminent and uncertain danger. This woman appeared nervous but seemed content by what she must have thought was a lifeline to the jury clerk. Most jurors find jury service positive and rewarding, especially if they do not believe the attorneys were condescending, repetitive or manipulating. I remember thinking I hope if these potential jurors get let go they do not think this is what jury duty is all about. I can just see them going home after waiting for a few hours and telling their spouse, “You would not believe how boring jury service is.” I waited and waited, and when I was looking forward to at least experiencing a voir dire, one of the bailiffs informed everyone that two of the cases up for trial settled and one opted for a bench trial. I wanted to know more. Prospective jurors scurried out of the assembly room as if being called to come on down on The Price is Right. Time to invert my steps out of the courthouse.

I am sure I have more to say but the more I write the less rational become over poor Herbert. Did you see him? Gang promoter? Jeeeez!

Marry the lawyers’ caution and experience, with the legal ramifications of being too clever, with the count on honesty to carry the day philosophy. This strategy allows most any misstep to at least get some salve applied while the real healing begins. 

What does it mean? It could mean the jurors are just messing with us. They want some attention, are releasing tension or have started to bond on a hostage level. Most likely they are trying to amuse themselves. Being admonished daily not to discuss the case and running out of weather (it is just hot) conversation, they have taken to game playing. Think of it as a long boring car trip. You find other ways to entertain yourselves. They are no doubt tired of counting the number of ‘uhms’, guessing what color tie will be worn by which attorney and pondering lunch. But unless they show up in matching orange jump suits…don’t read too much into jury fashion.

Theresa Zagnoli CEO and Founder Zagnoli McEvoy Foley LLC